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V&E
Tax Update E-communication, July 17, 2017
On July 13, 2017, the Tax Court issued an opinion in Grecian Magnesite Mining, Industrial & Shipping Co., SA v. Comm’r, 149 TC No. 3 (2017) that could drastically change the U.S. tax treatment of partnership interest sales in the cross-border context by invalidating longstanding IRS Revenue Ruling 91-32.
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First published by Corporate Counsel, July 14, 2017
Should a patentee be able to control the future use or resale of a patented article that has entered the stream of commerce following a sale by the patentee? The Supreme Court answered that question in the negative on May 30, in Impression Products v. Lexmark International.
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First published by Law360, July 6, 2017
In twin rulings in May, district courts in Washington, D.C., and the Western District of Arkansas ordered the production of memoranda and reports created during corporate internal investigations over the investigating parties’ privilege objections.
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First published by Texas
Bar Journal, July 2017
The concept of “international human rights” is based on the International Bill of Human Rights, which is derived from the Universal Declaration of Human Rights—adopted by the U.N. General Assembly in 1948—and two international treaties, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights.
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V&E
IP Insights, June 28, 2017
On June 19, 2017, the Supreme Court struck down the
prohibition on the registration of offensive trademarks. Matal v. Tam, No. 15-1293, 582 U.S. ___
(2017). The Court unanimously held that
the Lanham Act’s provision preventing the registration of disparaging marks
violated the Free Speech Clause of the First Amendment.
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First published on Lexis®PSL Environment, June 26, 2017
Environment analysis: Alex Msimang, partner, Jessica Biddle, senior associate, and Margaret Peloso, counsel, at Vinson & Elkins, say the UK can be seen to have taken the lead in shaping EU energy policy in many respects and so the ramifications of the UK’s exit from the EU on the energy sector are expected to be widely felt--such as in relation to the EU Emissions Trading Scheme (EU ETS).
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V&E FCPA & Global Anti-Corruption Update E-communication, June 14, 2017
On June 5, 2017, in Kokesh v. SEC,
the Supreme Court held that disgorgement by the Securities and Exchange
Commission (“SEC”) is subject to the five-year limitations period of 18 U.S.C.
§ 2462, severely restricting the Commission’s ability to force companies to
disgorge profits prior to five years before an action is brought.
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V&E Cybersecurity and Data Privacy Insights E-communication, June 14, 2017
It is not a question of whether your company will experience a cyberattack; rather it is a question of when and how effectively your company responds.
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V&E IP Insights E-communication, June 13, 2017
On June 12, 2017, the Supreme Court held that a biosimilar applicant cannot be enjoined under federal law to provide its application and manufacturing information to the reference product sponsor (“RPS”) under the Biologics Price Competition and Innovation Act (“BPCIA”).
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V&E Internal Investigations Update E-communication, June 13, 2017
In twin rulings last month, district courts in Washington D.C. and the Western District of Arkansas ordered the production of memoranda and reports created during corporate internal investigations over the investigating parties’ privilege objections.
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V&E IP Insights E-communication, June 6, 2017
In a rare reversal, the U.S. Court of Appeals for the Federal Circuit held that a district court abused its discretion in denying attorneys’ fees and failing to find a patent owner’s conduct to be “exceptional” under 35 U.S.C. § 285.
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First published by Law360, June 2, 2017
The first post-TC Heartland patent cases were filed in the Eastern District of Texas on May 26, 2017, providing the first look at the types of cases that are likely to be filed there following the U.S. Supreme Court’s May 22 decision on venue in patent cases.
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V&E Tax Update E-communication, June 1, 2017
The IRS has identified non-U.S. companies doing business in the United States and not filing U.S. tax returns as targets for one of its new, issue-driven “campaigns.”
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V&E IP Insights E-communication, May 30, 2017
On May 30, 2017, in Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189, the Supreme Court reversed the Federal Circuit’s en banc decision on patent exhaustion, holding that a patentee may not rely on a patent infringement claim to restrict a purchaser from using or reselling a product purchased from a patentee or an authorized seller.
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V&E FCPA & Global Anti-Corruption Update E-communication, May 24, 2017
The General Director of the UK’s principal corruption enforcer, the Serious Fraud Office (“SFO”), David Green, previously warned companies that the SFO would challenge privilege claims it considers unfounded.
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V&E IP Insights E-communication, May 22, 2017
On May 22, 2017, in TC Heartland LLC v. Kraft Foods Grp. Brands LLC, No. 16-341 (May 22, 2017), the Supreme Court disrupted decades of Federal Circuit precedent interpreting the patent venue statute, 28 U.S.C. § 1400(b).
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V&E Government Contracts Update E-communication, May 18, 2017
On May 11, 2017, President Trump issued an Executive
Order on Strengthening the Cybersecurity of Federal Networks and Critical
Infrastructure (the “EO”), an important step in centralizing the
government’s strategy for cyber defense and modernizing federal information
technology (“IT”) architecture.
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V&E
IP Insights E-communication, May 17, 2017
On May 11, 2017, in Aylus
Networks, Inc. v. Apple Inc., the Federal Circuit ruled that statements made
by a patent owner during an inter partes
review (“IPR”) proceeding before the Patent Trial and Appeal Board (“the
Board”) can support a finding of prosecution disclaimer during a district court
claim construction proceeding, resolving an issue of first impression.
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First published by Law 360, May 9, 2017
Until recently, investors in the 27 states that ratified the Agreement on Promotion, Protection and Guarantee of Investments of the Organisation of Islamic Cooperation (the “OIC agreement”) have only had theoretical access to the guarantees of investment protection set out in that agreement.
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First published by The National Law Journal , May 3, 2017
A well-worn stereotype portrays American corporations and particularly the energy industry as ambivalent at best about the environment.
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